FULL RECOMMENDATION
SECTION 27, EMPLOYMENT EQUALITY ACT, 1977 PARTIES : BON PORT LIMITED/MR. MINDY JASSER - AND - A WORKER (REPRESENTED BY THE EMPLOYMENT EQUALITY AGENCY) DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Alleged unfair dismissal under Sections 26(1)/27 of the Employment Equality Act, 1977.
BACKGROUND:
2. The worker commenced employment in Bon Port Limited, a take-away restaurant in March, 1995. She was employed as a receptionist/cashier. The worker was 15½ years old when she started, and worked a full week during school holidays and shift work the remainder of the time.
The worker's complaint is that she was subjected to physical and verbal sexual harassment (details supplied to the Court) by a chef in the restaurant from shortly after she started work until September, 1997, when, she claims, she was constructively dismissed.
The worker claims that she continually told the chef to stop his offensive treatment and reported him to her employer. In September, 1997, the worker objected to the chef about alleged offensive treatment of a friend of hers. The worker and her mother, who also worked in the restaurant, reported the chef to her employer and his wife.
On the 30th of September, 1997, following an argument between the chef and the owner's wife in relation to this issue, the Gardai were called. On the 10th of October, 1997, the worker's mother was reporting for work and discovered that the chef was working in the restaurant again. The worker felt that she had no option except to resign as her employer had failed to provide a safe and non-discriminatory working environment for her.
The worker referred her case to the Labour Court on the 31st of March, 1998, in accordance with Section 26(1)/27 of the Employment Equality Act, 1977. A Labour Court hearing took place on the 8th of October, 1998. The employer did not attend the Court hearing or make a written submission.
ORDER:
This is a claim brought under Section 27 of the Employment Equality Act 1977 (‘the Act’) that the claimant suffered sexual harassment at her place of work which led to her constructive dismissal.
The claimant seeks compensation.
The Labour Court heard the case on 5th October, 1998. There was no appearance by the Respondent, Bon Port Limited, trading as Lal Quila, of 27 Lower Georges Street, Dun Laoghaire, Co.Dublin. The Court was satisfied that the Respondent had been properly served with notice of the complaint and of the date of the hearing, and was aware of same.
The claimant gave evidence that she had been employed by the Respondent in March, 1995, in its take-away food premises at 27 Lower Georges Street, Dun Laoghaire. She earned the sum of £50 per week. The claimant alleged that she was subjected to sexual harassment by another employee of the Respondent, who was the chef at the premises, from shortly after she began work until she left the employment in October 1997.
The claimant told the Court that on a continuing basis she had been grabbed and squeezed by the chef, that he exposed himself to her, that he made comments of a personal nature to her, brought himself into physical sexual contact with her and was verbally abusive to her. She said that she had complained about this behaviour to the owner of the Company, but that he only said that he needed the chef, and did nothing to end the harassment.
The claimant said that she left the employment because she was unable to continue to work with the chef and was frightened of remaining in the shop on her own with him.
The claimant gave evidence to the effect that she had been traumatised by the harassment and the failure of the employer to protect her. Her mother also gave evidence that the harassment had had a serious negative effect on the claimant.
The Court is satisfied that the claimant was indeed harassed sexually in the manner in which she described. The Court is also satisfied that the claimant had no option but to leave the employment in the circumstances that the employer failed to prevent the harassment and failed to protect her from it. The Court finds that the harassment had a very serious effect on the claimant, that she is likely to be in need of counselling, and that she will need support and counselling into the future to enable her to overcome the trauma she has suffered.
The Court is satisfied that the complaint is well-founded and awards the claimant the sum of £5,200, which represents the full extent of the Court’s jurisdiction of 104 weeks’ remuneration. The Court will make an order against the employer to that effect.
Signed on behalf of the Labour Court
Finbarr Flood
16th November, 1998______________________
C.O'N./D.T.Chairman
NOTE
Enquiries concerning this Order should be addressed to Ciaran O'Neill, Court Secretary.